Section 106 Planning Obligations

Sometimes there are objections to a planning applications which cannot be overcome by imposing valid planning conditions, but may be overcome when the developer and/or landowner offer a planning obligation under Section 106 of the Town and Country Planning Act 1990 (as amended).

The government's National Planning Policy Framework ("NPPF") and National Planning Practice Guidance ("NPPG") set out when it is appropriate to use a S106 planning obligation, and more detail is found in S106 case-law.

Section 106 planning obligations may take the form of a multi-party agreement between the local planning authority and landowner and others or of a unilateral undertaking given only by the landowner (plus any others with an interest in the land, such as tenants or mortgagees). They may be bespoke documents drafted by the developer or the local authority's solicitor, or they may be based on the Law Society's Model Planning Agreement (a copy of which may be found here in the link below).

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